Law School Discussion

4-4 Decision in Supreme court.

swifty

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4-4 Decision in Supreme court.
« on: November 13, 2004, 03:53:26 AM »
Okay, it took me 3 minutes to google the answer:
The lower court's decision is upheld.  I also spent
3 hours on Lexis/Nexis to find the black letter law.

No luck.  I need a whole semester class to figure out
their site!  Can anybody point me to the right direction.

The law of diminishing returns is an understatement in this situation  >:(

jeffjoe

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Re: 4-4 Decision in Supreme court.
« Reply #1 on: November 13, 2004, 11:43:08 AM »
I wonder if you can cite Google.   :)

I went to Westlaw, clicked on directory.  clicked on American Jurisprudence (Am Jur)

Entered this in the search box
  "Supreme Court" /s tie

and found this as the second item

AMJUR APPELLATE 892
892. PRIOR AFFIRMANCE BY EQUALLY DIVIDED COURT

and so on

swifty

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Re: 4-4 Decision in Supreme court.
« Reply #2 on: November 13, 2004, 03:03:11 PM »
I wonder if you can cite Google.   :)

I went to Westlaw, clicked on directory.  clicked on American Jurisprudence (Am Jur)

Entered this in the search box
  "Supreme Court" /s tie

and found this as the second item

AMJUR APPELLATE 892
892. PRIOR AFFIRMANCE BY EQUALLY DIVIDED COURT

and so on

Thanks JJ, I don't use Westlaw because I hate going to libraries.  The books are there, and you can go online but only from the library.  I can dial right in to Lexis from home.

Lexus Nexis can be troublesome because you have to cite things differently, I can find a a case easily, but this type of stuff, using keyword searches that are relevant, nothing relevant omes up.  I am going to try yous keyword on lexus ans see what happens.


jeffjoe

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Re: 4-4 Decision in Supreme court.
« Reply #3 on: November 13, 2004, 03:25:53 PM »
the /s was the trick.  that tells westlaw to look only for those documents that have the second 'word' in the same sentence with the first 'word'

swifty

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Re: 4-4 Decision in Supreme court.
« Reply #4 on: November 13, 2004, 04:29:05 PM »
Yes, but I'm not very good with lexis nexis.  They teach only Westlaw, which I'm not sure is a good idea because one person Ginatio, said he uses Lexis, and West is not as good.

Don't know about that, BUT I STILL CAN'T FIND IT.  You are listing US CODE Right?

If I just enter USCS section 892 Lexis should bring it up.  Nope.

Did you get a chance to find the applicable law that states what happens when The Supreme Court rules with 8 judges, and the decision is split, or a tie?

I have to catchup on so many things this weekend, and I can't freaking find it.  Lexis shouldn't make it so hard, I'm wondering if I should just go to the library, but I am sure as a lawyer, my superiors certainly don't want me to go to the library.  This type of stuff should take know more than 5 minutes! 

If you get a chane, can you site the exact code section?  That's the only way I can pull it up on Lexis right now.  Dang nabbit.  Going on 4 hours now for something that should be so simple!

jeffjoe

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Re: 4-4 Decision in Supreme court.
« Reply #5 on: November 13, 2004, 06:59:13 PM »
It's American Jurisprudence, a secondary source. 

We only have Westlaw.  It works pretty well.  Lexis might be better; I dunno.

Re: 4-4 Decision in Supreme court.
« Reply #6 on: November 13, 2004, 08:16:26 PM »
My legal research and writing prof. used to be a law clerk at the supreme court.  I think she mentioned in class one day that when there is a tie that they have to affirm the lower court's decision.  But don't quote me because she mentioned this a while back.

Re: 4-4 Decision in Supreme court.
« Reply #7 on: November 13, 2004, 08:49:04 PM »
That was my understanding of it as well.

jeffjoe

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Re: 4-4 Decision in Supreme court.
« Reply #8 on: November 13, 2004, 08:53:17 PM »
The article I referred to doesn't directly say that, but hints at it.  Here's part of it

"The fact that a decision was affirmed by an equally divided Supreme Court is not an independent ground for granting a rehearing. However, rehearings have been granted in situations where the Supreme Court had affirmed judgments by equally divided courts, but soon thereafter a new justice was appointed, who could break the tie on rehearing."

DOWNY

Re: 4-4 Decision in Supreme court.
« Reply #9 on: November 13, 2004, 11:40:04 PM »
OK FUCKERS THE ANSWER IS AS EASY AS A BANGKOK WHORE. WHEN THE SUP.CT. IS 4-4 FROM ONE feminine hygiene product ABSTAINING DOWNY IS GIVEN THE FINAL AUTHORITY TO DECIDE THE CASE. DOWNY DOES THIS BY GETTING HIGH AS A MOTHERFUCK AND FLIPPING A COIN.

HTFH

ps: i typed in caps to be an a-hole. did it work?